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Ordered, by The House of Commons, to be Printed,

19 July 1877.

[Bill 257.]

Under 2 oz.

ARRANGEMENT OF CLAUSES.

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Clause.

1. Short title. 2. Repeal of sections 5 and 6 of 22 & 23 Vict. c. 35. 3. Relief against forfeiture under leases. 4. Terms of relief under leases. 5. Relief in other cases. 6. Foreclosure of right to relief. 7. Order for security. 8. Order respecting possession and documents. 9. Limitation of time for action for relief. 10. Act not to apply in certain cases. 11. Interpretation. 12. Act not to extend to Scotland.

A

BI L L

TO

A.D. 1877.

Amend the Law of Relief against Forfeiture for Breach of

Covenant or Condition.

W

HEREAS relief is granted against forfeiture for nonpayment

of rent: And whereas by section four of the Act of the twenty-second and twenty-third years of the reign of Her Majesty, chapter thirty-five, 5 intituled “ An Act to further amend the law of property and to

“ relieve trustees,” it is enacted that a court of equity shall have power to relieve against a forfeiture for breach of a covenant or condition to insure against loss or damage by fire when no loss or

damage by fire has happened, and the breach has in the opinion of 10 the court been committed through accident or mistake, or otherwise

without fraud or gross negligence, and there is an insurance on foot at the time of the application to the court in conformity with the covenant to insure upon such terms as to the court may seem fit:

And whereas by section five of the said Act it is enacted that 15 the court where relief shall be granted shall direct a record of such

relief having been granted to be made by indorsement on the lease or otherwise :

And whereas by section six of the said Act it is enacted that the court shall not have power under the said Act to relieve the same 20 person more than once in respect of the same covenant or condi

tion ; nor shall it have power to grant any relief under the said Act where a forfeiture under the covenant in respect of which relief is sought shall have been already waived out of court in favour of

the person seeking the relief : 25 And whereas it is expedient to amend the law of relief against

forfeiture for breach of covenant or condition in manner herein appearing :

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal,

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